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Report Commissioned B Review of the June 2011 UK Border Agency Country of Information Service The Gambia Country of Origin (COI) Report Commissioned by Dr Khalid Koser, Chair of the Independent Advisory Group on Country Information (IAGCI) Prepared by Stephanie Huber and Elizabeth Williams (Asylum Research Consultancy – ARC) and Dr Pamela Kea (University of Sussex) August 2011 Content Background p. 2 Scope of the review p. 2 Methodology p. 3 Executive Summary p. 4 Review p. 6 1 Background Stephanie Huber & Elizabeth Williams – Asylum Research Consultancy (ARC) Stephanie and Elizabeth, specialist COI researchers, both have over four years experience of conducting COI research to support individual asylum and human rights claims at the Immigration Advisory Service (IAS). Upon leaving IAS in September 2010 they set up ‘Asylum Research Consultancy’ (ARC) in order to continue to provide a case-specific COI research service and to undertake research, advocacy and training to improve the quality of refugee status determination (RSD), and in particular, the use of COI. ARC also produces a free bi-monthly COI Update which provides notification of new UK Country Guidance cases, new UKBA COI publications and developments in the top refugee-producing countries. For further information visit www.asylumresearchconsultancy.com or email ARC at [email protected] Dr Pamela Kea – University of Sussex Dr Pamela Kea, an anthropologist with a M.Sc. and a Ph.D. in Social Anthropology, has carried out research on gender and processes of socialisation in West Africa and particularly in The Gambia since 1993. She has also lived in The Gambia from 1993 to 1995 and from 1997 to 1998 to undertake research and returns to The Gambia on a regular basis to carry out further research. She has written extensively upon socio-cultural, political and economic issues in The Gambia and since 2002 has been instructed as an expert in this field by law firms and refugee/migrant organisations. Email: [email protected] Scope of the review As outlined in a briefing to the reviewers written by Richard Lederle, Head of Country of Information Service (COIS) at the UKBA, the reviewers understand the nature and purpose of the The Gambia Country of Origin (COI) Report to be of use by decision makers in assessing and determining the main bases of asylum and human rights claims made by Gambian nationals. These currently are: o Gambian’s speaking out about the government, especially journalists o FGM o LGBT related claims o Medical – availability of medical drugs/treatment In line with the invitation to tender and instructions received by Dr Khalid Koser, this review seeks to evaluate the The Gambia COI Report by: (i) Assessing the extent to which information from source documents has been appropriately and accurately reflected in the COI Report; (ii) Identifying additional sources detailing the current human rights situation in the country; (iii) Noting and correcting any specific errors or omissions; (iv) Making recommendations for general improvements regarding, for example, the structure of the report, its coverage or its overall approach. 2 Methodology This commentary is based upon an analysis of all of the sources and information cited in the June 2011 The Gambia Country of Origin (COI) Report. This analysis comprised a cross-check of the COI report’s contents with the original source of information and a comparison to other publicly available sources of information which conformed to established best practice criteria for COI research: transparency and retrievability, accuracy, range and reliability of sources, currency and relevance of the information. The COI report was also checked for errors, omissions and inconsistencies and the accuracy of its referencing, structure and general user-friendliness was assessed. Although not explicitly mentioned in the instructions received for this review, on some occasions the reliability and validity of certain sources was assessed. Research was also undertaken for additional sources of information that may be useful for inclusion in future COI reports on The Gambia and information that should have been included in this report to make the report more accurate or up to date has been identified. This was done by consulting COI and news article databases, online libraries of human rights organisations and by conducting internet searches on particular topics. Where additional sources are recommended for inclusion, they are presented in reverse chronological order. For Annex E ‘References to Source Material’ track changes have been made and commentaries have been included where necessary. To assist with specialist knowledge on specific issues and particular sources, Dr Pamela Kea, an expert on The Gambia, was consulted. As well as adding additional sources, she analysed, cross checked and updated existing sources in the COI report. The review for sections 1-6 and Annex A-D were undertaken by Dr Pamela Kea, while the rest of the COIS report was reviewed by Stephanie Huber and Elizabeth Williams, with additional analysis provided by Dr Pamela Kea. This explains for the variance in formatting. 3 Executive Summary In general, the June 2011 COI Report on The Gambia accurately cites the original source of information, makes a clear distinction in the use of direct quoting and paraphrasing and for certain sections is well-balanced. However, for other sections, more information from a wider variety of sources is recommended. Specific findings and recommendations are listed below under the respective best practice criteria for COI research. Transparency and Retrievability There are insufficient cross section linkages, particularly in the sections relating to the treatment of perceived or real government opponents and journalists with those addressing prison conditions, torture practices, the independence of the judiciary, possibility of a fair trial and the prevalence of corruption. Sources of information have been inaccurately or incompletely referenced. COIS – presumably this is “some” sources were inaccurately or incompletely referenced? It is recommended that for all online sources, the date of publication is cited in addition to the date that the source was accessed. Where this information is not available, the date should be cited as ‘undated’ in order to alert users to the potential lack of currency of the information. COIS – we accept this point, and it is our general practice. In some instances, the wrong or inactive hyperlinks have been used. In Annex E ‘References to Source Material’ it is recommended that the sources are presented in alphabetical order to improve user friendliness. COIS – thank you. We do not propose to change our current system of source referencing. It is embedded across our reports and our users are familiar with it. Accuracy Minor instances were found in which the excerpt of the COI Report was not fully representative of the original source of information. Range and Reliability of Sources Only few instances have been found where the information included was not relevant to the section or to the purpose of the COIS report. In several sections of the COI Report there is a lack of information and a lack of variety of sources. There is a general heavy reliance and in some sections, an over-reliance on the 2010 U.S. Department of State Human Rights Report. Despite identifying ‘Gambian’s speaking out about the government, especially journalists’ as one of the main categories of claims, the report contains extremely limited information on this risk group, particularly those perceived as or real political opponents, despite relevant COI being available in the public domain on this issue. Limited information has also been included on the independence of the Gambian judiciary and the availability of a fair trial, which are closely related issues in relation to a claim based on persecution by the state due to an imputed political opinion. For many sections of the COI Report, both additional excerpts from sources already cited in the COI Report and new additional sources of information have been recommended for inclusion. 4 When referencing lesser known or unusual sources, it is recommended that some background information on the source is provided in a footnote and that for some sources caution is expressed with regards to the validity of the information. COIS – this is a sensible point. We will give it further consideration. Currency The most recent or updated source was not always cited, despite being available at the time of publication. Sources that are known to be updated on a regular basis should be accessed again shortly before publication. COIS – this is a sensible suggestion. As above, in order to alert users to the potential lack of currency of the information, it is recommended that for all online sources, the date of publication is cited in addition to the date that the source was accessed. Where this information is not available, the date should be cited as ‘undated’ COIS – thank you for these observations. We will deal with specifics below. 5 Review Background Information 1. Geography 1.01 Located on the west coast of North Africa, with an area covering 11,295 sq km, The Gambia is surrounded by Senegal with a border stretching some 740km. (Central Intelligence Agency (CIA) World Factbook, last updated 12 July 20116 May 2011) [3a] (Geography) COIS: Thank you. We are aware that this source is updated regularly and in this instance accessed the source again shortly before publication, citing the most recent
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